PART VIII — DELIBERATION AND DISPOSITION
Rule 75. Dismissal, settlement, mootness, and substitution
Joint dismissal before judgment
Before judgment, all parties may file a signed stipulation dismissing the Supreme Court proceeding. It must state:
whether dismissal is with or without prejudice to a later proceeding;
allocation of appellate costs;
the status of every cross-appeal, cross-petition, intervention, and pending motion;
whether any public judgment or order below remains operative; and
that every signing representative is authorized.
If the stipulation is complete and lawful, the Clerk may enter dismissal without referring it to the Court. The Clerk must refer any ambiguity, protected-party issue, or request for additional relief.
Unilateral voluntary dismissal
An appellant or petitioner may move to dismiss that party’s proceeding. An objection is due within three days after service and is limited to authority, prejudice to another pending claim for relief, or costs. A reply is due within two days after service of the objection. Dismissal of one proceeding does not dismiss a cross-appeal, cross-petition, or another party’s independent claim.
Criminal case safeguard
Counsel may not dismiss a criminal defendant’s appeal without the defendant’s signed, informed consent or an on-the-record inquiry establishing a knowing and voluntary choice. If the defendant cannot be contacted, counsel must describe diligent efforts and the Court must protect the right to review before dismissing.
Settlement
A party must notify the Clerk within twenty-four hours after a binding settlement or agreement in principle that may affect the proceeding. The notice must not disclose protected terms. Settlement does not:
erase a filed record;
vacate a lower judgment or Supreme Court decision;
require dismissal of a public-law issue; or
authorize relief beyond the Court’s jurisdiction.
A request to seal terms or vacate a judgment must independently satisfy law and Rules 33, 34, and 72.
Mootness
Rule 41(f) governs the initial notice of a potentially moot event. Before dismissing for mootness on its own initiative, the Court must identify the event and provide a reasonable opportunity to respond. The parties must address:
whether a concrete dispute remains;
whether an exception recognized by law applies;
the effect on the judgment below;
whether vacatur is authorized and equitable; and
costs.
Vacatur is not automatic upon mootness or settlement.
Failure to prosecute or comply
The Court may dismiss for failure to prosecute, brief, respond to a lawful order, or maintain necessary contact only after a show-cause order identifies the default and provides a reasonable cure period. Dismissal must be proportionate and must account for counsel fault, self-representation, technical failure, and prejudice. A represented criminal appellant must not lose review solely because counsel defaulted.
Death or incapacity
The death, incapacity, or legal dissolution of a party does not automatically abate a Supreme Court proceeding. A representative, successor, or opposing party must promptly file notice and identify the governing survival law. The Court may order substitution, allow time to establish authority, limit proceedings, or dismiss only to the extent the claim has legally abated.
Public officers
When a public officer who is a party in an official capacity leaves office, the lawful successor is automatically substituted. A party must notify the Clerk within twenty-four hours after learning of the succession. A misnomer not affecting substantial rights is disregarded. An officer may be identified by official title when appropriate.
Entities and organizational succession
An entity, agency, or organized Roblox group claiming succession must establish continuity of legal identity or lawful transfer of the interest at issue. A platform role, group ownership change, renamed account, or newly created organization does not alone prove legal succession.
Platform inactivity is not abandonment
Going offline, leaving a server or group, losing a role, changing a username, or being unable to enter a particular experience does not itself establish mootness, abandonment, death, incapacity, or waiver. Rules 17(b), 20(e), and 21(f) govern identity and access problems.
Effect of dismissal
Unless the dismissal order states otherwise, dismissal of Supreme Court review leaves the judgment below in the legal position it occupied before review and does not express approval of its reasoning. The Clerk must preserve the docket and transmit the dismissal order under Rule 73(j).